[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56735-56736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15102]



[[Page 56735]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-821]


Utility Scale Wind Towers From Malaysia: Final Results of 
Antidumping Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
utility scale wind towers (wind towers) from Malaysia were sold in the 
United States at less than normal value during the period of review 
(POR), October 13, 2021, through November 30, 2022.

DATES: Applicable July 10, 2024.

FOR FURTHER INFORMATION CONTACT: Staren Pierce, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4533.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2024, Commerce published the Preliminary Results of 
this administrative review and invited interested parties to comment on 
the Preliminary Results.\1\ This administrative review covers one 
company,\2\ CS Wind Malaysia Sdn Bhd and its parent company, CS Wind 
Corporation (collectively, CS Wind).\3\ On May 6, 2024, Commerce held a 
public hearing limited to the issues raised in the case and rebuttal 
briefs.\4\ On May 31, 2024, Commerce fully extended the deadline for 
issuing the final results until July 2, 2024.\5\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\6\
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    \1\ See Utility Scale Wind Towers from Malaysia: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022, 89 FR 
461 (January 4, 2024) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 7060 (February 2, 2023).
    \3\ In the less-than-fair-value (LTFV) investigation of utility 
scale wind towers from Malaysia, Commerce determined that CS Wind 
Malaysia Sdn Bhd and CS Wind Corporation are a single entity. See 
Utility Scale Wind Towers from Malaysia: Preliminary Determination 
of Sales at Not Less Than Fair Value and Postponement of Final 
Determination, 86 FR 27828 (May 24, 2021), unchanged in Utility 
Scale Wind Towers from Malaysia: Final Affirmative Determination of 
Sales at Less Than Fair Value, 86 FR 56894 (October 13, 2021).
    \4\ See Transcript, ``Public Hearing,'' dated May 13, 2024; see 
also Memorandum, ``Hearing Schedule,'' dated April 25, 2024.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated May 31, 2024.
    \6\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order: Utility 
Scale Wind Towers from Malaysia; 2021-2022,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 7
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    \7\ See Utility Scale Wind Towers from India and Malaysia: 
Antidumping Duty Orders, 86 FR 69014 (December 6, 2021) (Order).
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    The products covered by this Order are wind towers from Malaysia. 
Merchandise covered by this order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or steel 
are classified under HTSUS 7308.20.0020 when imported separately as a 
tower or tower section(s). Wind towers may be classified under HTSUS 
8502.31.0000 when imported as combination goods with a wind turbine 
(i.e., accompanying nacelles and/or rotor blades). While the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive. For a 
full description of the scope, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached as an appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we made certain changes to the margin calculation 
for these final results. For a detailed discussion of these changes, 
see the Issues and Decision Memorandum.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period October 13, 2021, through November 30, 
2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
CS Wind Corporation/CS Wind Malaysia Sdn Bhd...............       18.02
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose under administrative protective order 
(APO) to interested parties the calculations performed in connection 
with the final results within five days of the date of publication of 
the notice of final results in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. Because CS Wind's weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.5 percent), 
Commerce has calculated importer-specific antidumping duty assessment 
rates based on the ratio of the total amount of dumping calculated for 
the examined sales to the total entered value of the sales. Where the 
importer's weighted-average assessment rate is either zero or de 
minimis (i.e., less than 0.5 percent), we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
For entries of subject merchandise during the POR produced by CS Wind 
for which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\8\
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    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    We intend to instruct CBP to take into account the ``provisional 
measures deposit cap,'' in accordance with 19 CFR 351.212(d). Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of the final results of this review in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the

[[Page 56736]]

assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for CS Wind will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative review; (2) for merchandise exported by 
a company not covered in this administrative review but covered in a 
prior completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original LTFV 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers and exporters will continue 
to be 0.00 percent, the all-others rate established in the LTFV 
investigation, adjusted for the export-subsidy rate in the companion 
countervailing duty investigation.\9\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \9\ See Order at 69015.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: July 2, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: CS Wind's Shutdown Cost Adjustment
    Comment 2: Constructed Value (CV) Profit and Selling Expenses
VI. Recommendation

[FR Doc. 2024-15102 Filed 7-9-24; 8:45 am]
BILLING CODE 3510-DS-P